Exploring Your Options for Damages After a Texting and Driving Collision
In general, your options for seeking compensation after any collision on Long Island depend on your injuries and medical treatment. This is because New York requires no- fault insurance, and you must first turn to that policy to cover your expenses of basic economic loss.
This PIP policy provides benefits for a crash victim’s basic expenses and losses, such as:
- Related medical expenses up to the policy’s limit
- A portion of your income losses due to the collision
- Other related expenses, with limits
Many victims find that their treatment costs quickly exceed the limits of this policy’s basic coverage. Our team may be able to help you file your PIP claim and explore additional options. Rosenberg & Gluck, LLP’s traffic collision attorneys have represented clients hurt on Long Island since 1982. We know how to determine your legal options and pursue compensation on your behalf.
Fault-Based Claim and Lawsuits
According to the New York State Department of Financial Services (DFS), there are several scenarios when a crash victim might be able to pursue a fault-based claim or lawsuit.
This includes:
- Their medical expenses exceed their PIP coverage; or
- They suffer injuries that fit the description of serious under ISC § 5102
New York law defines “serious” injuries as those that cause:
- Fractures
- Dismemberment or loss of use of a significant body part
- Significant disfigurement
- Loss of a fetus
- Loss of use of a body organ, member, function or system
- Permanent, consequential limitation of use of a body organ or member
- Significant limitation of use of a body function of system
- Death or catastrophic injuries
- Any injury that prevents working and engaging in normal activities for at least 90 of the first 180 days after a crash
Anytime a victim suffers “serious” injuries, they can seek non-economic damages in a fault-based claim. This is true regardless of their medical expenses or other losses. Unless they meet this criteria or another exception to the law, pain and suffering damages are not available.
Our team can help you evaluate whether you may be able to pursue a fault-based claim and pain and suffering damages during your initial case review. We know what it takes to meet exceptions to this law and how to help our clients show they meet them.
How Will Our Car Crash Attorney on Long Island Can Handle Your Case?
At Rosenberg & Gluck, LLP, we handle all parts of pursuing legal action for you, take care of your claim, and fight for the compensation you deserve while you focus on healing from your injuries. You are not in this alone.
Our team can use the evidence we gathered to support your auto insurance claim. We contact the texting driver’s insurer and demand, usually via letter, a payout that fairly compensates you for your damages.
They generally extend a lower counter-offer, beginning the settlement negotiations process, which typically entails:
- Several rounds of back-and-forth negotiations
- Presenting evidence and documentation as needed
- Drafting the paperwork following a tentative agreement
- Having you sign that you will not pursue future compensation in the case in exchange for your payout
If We Need to Sue for Your Texting Behind the Wheel Accident Case
When we need to sue, it is often because of the specific circumstances of the case. The insurer denies the claim, does not agree to a fair settlement, the deadline is near, or there is another reason why our lawyers believe it is best. If we believe a lawsuit is necessary in your case, we can discuss the process and what to expect with you in detail.
Most lawsuits do not go to trial. We continue to negotiate with the insurance company, at-fault driver, and their legal team during this time. We may agree on a settlement amount or settle during mediation, which courts often encourage before setting a trial date.
How Quickly Do You Need to Explore Your Options for Collision Compensation?
You should consider your legal options for compensation as soon as your injuries are stable and you have a plan for treatment and rehabilitation. In some cases, you may receive medical bills and have to pay other expenses while you are still in the hospital.
Your missed income may begin as soon as you miss work unless you have paid time off or sick leave that can help.
You will want compensation from your case as soon as possible, so it makes sense to think about it and act as soon as your injuries allow. While quick action does not guarantee a quick resolution to your case or a financial recovery, it can help our team of attorneys build a stronger case.
Promptly Accessing Evidence of the Crash on Long Island
Evidence often disappears in car crash cases. The sooner we get to work, the more evidence that is available.
Examples of this lost evidence could include:
- Marks on the street from braking and impact wash away with rain
- Local businesses record over video of a crash
- Crews remove hazards such as overgrown hedges or clogged drains
- Witnesses move or change their phone numbers and cannot give a statement
We begin to lose evidence as soon as the tow trucks pull the vehicles from the crash scene. The sooner we can begin gathering evidence, the stronger the case may be against the at-fault driver.
Complying With New York’s Statute of Limitations
There is also another reason why you should let us know about your case quickly.
Under CPLR § 214, you generally only have three years from the day of the crash to file a civil lawsuit to hold the texting driver accountable. In some cases, you could have an even shorter filing deadline, such as if a municipality or state agency is legally liable for the collision. Wrongful death lawsuits may also have shorter deadlines, per EPTL § 5-4.1.
We need time to build a strong argument, determine the estimated settlement value of your claim, demand compensation from the insurer, and take other steps before we file the complaint and begin a lawsuit.
If you wait too long to contact our firm, we may risk missing the applicable deadline. In that case, you may have to cover the costs of your accident-related losses instead of the liable party.
Speak to a Team Member About Your Collision Injuries on Long Island Today
The Rosenberg & Gluck, LLP injury law team provides free case reviews for those injured in texting and driving crashes on Long Island. You can discuss your rights and options with a texting behind the wheel lawyer at no cost to you or your family. We know how difficult it can be to file your claims or take other steps to recover the damages you need following a serious injury crash. Our firm can help. We can speak with you in English or Spanish.
Contact us online or by calling our office today at (631) 451-7900.
